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(영문) 수원지방법원성남지원 2015.11.13 2015가합203161
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In light of the purport of the damage compensation system, it is reasonable to limit the Defendant’s liability to 50% in light of the following: (a) the Defendant and the instant land were knocked at the auction procedure and agreed to receive the purchase price of the instant building; (b) the Defendant had completed the registration of ownership transfer of the instant building prior to receiving the purchase price; (c) the Plaintiff was entrusted to the Defendant without sufficient review; and (d) the Plaintiff did not endeavor to resolve the problems arising from the instant building via E or the Defendant until the instant building was sold to F; and (e) if the Plaintiff actively endeavored to resolve the problems, the ownership of the instant building appears to have been attributed to E free of charge.

* The amount of damages: 53,750,000 won (=107,50,000 won x 0.5)

D. The Defendant, as the Plaintiff paid KRW 65 million to the Defendant according to the relevant case No. 2, the Defendant asserts that if the Defendant’s liability for damages against the Plaintiff is recognized, the above KRW 65 million should be deducted. Thus, the Plaintiff is obligated to pay KRW 65 million to the Defendant. This is identical as seen earlier, and the above KRW 65 million should be deducted from the Defendant’s amount of damages against the Plaintiff. * The amount of damages:00 won should be deducted from the Defendant’s amount of damages. * The Defendant, due to the Plaintiff’s cause attributable to the Plaintiff, should be borne by the Defendant following the Defendant’s loss in the instant land use from September 28, 2010 to October 13, 2015 (i.e., KRW 1,538,7400 x 614 months).

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